- (1.) Heard, learned Amicus Curiae and learned A.P.P. for the State
(2.) Sole appellant stands convicted for the offence of rape under Section 376(2) (f) of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for 10 (Ten) years with a fine of Rs.5,000/-, in default whereof, to suffer further simple imprisonment for three months by the impugned judgment dated 29.01.2013 and order of sentence dated 31.01.2013, passed by the learned Additional Sessions Judge-I, West Singhbhum at Chaibasa, in Sessions Trial No.101 of 2009.
(3.) On the basis of fardbeyan of the informant and father of the victim, Police has registered Manjhgaon P.S. case No.05 of 2009 dated 03.02.2009 under Section 376 of the Indian Penal Code against the sole accused/appellant. The fardbeyan of the informant (Chaitanya Pingua) and father of the victim girl ('X') recorded by the Sub Inspector of Police and Officer-In-Charge, Ramesh Kumar, Manjhgaon P.S. at 15.00 Hrs. on 3rd February, 2009, inter-alia alleged as follows :-That on 02.02.2009 at around 5.30 in the evening, daughter of the informant aged 5 years old named 'X' came crying to the house and narrated that while she had gone near Tungri in the village for grazing their Oxen, the accused, Mankirai Boipai, son of Mohan Singh Boipai, resident of village-Tarapai, TolaHurdubsai, P.S.-Manjhgaon committed rape upon her. The informant found blood oozing out of her private parts after removing the clothes. The informant discussed the matter with his wife and since it was night by that time could not inform the Village Munda about the incidence. On 03.02.2009, in the morning he informed the Village Munda who advised him to go to the Police Station. Based on these allegations it has been asserted that accused, Mankirai Boipai committed rape upon his five years' old daughter named 'X'.;